Friday, January 26, 2018

Pleading While Intoxicated Gets Nebraska Judge Reprimanded

The Nebraska Commission on Judicial Qualifications has publicly reprimanded a judge for his actions in connection with an alleged violation of probation.

The defendant was on probation for reckless driving and was required to abstain from alcohol.

When a hearing was scheduled for alleged drinking, the case was called but the defendant was not in the courtroom. A person identified as the defendant's aunt told the judge that he was "passed out in the car" after drinking all night and had "downed a bottle of tequila" and that she (the aunt) was unable to get him to the courtroom.

Fifteen minutes later, the defendant was "brought into the courtroom in a wheelchair" and the case was recalled.

The judge took a guilty plea to the probation violation and had the defendant taken into custody where he tested a .4 blood alcohol content.

The judge knew or should have known that he was "probably too intoxicated" to enter a knowing and voluntary plea. 

When the news reported the actions, the judge permitted the defendant to withdraw the plea and vacate the sentence.

That offer was declined. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2018/01/pleading-while-intoxicated-gets-nebraska-judge-reprimanded.html

Judicial Ethics and the Courts | Permalink

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